Maryland 2024 Regular Session

Maryland Senate Bill SB823 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0823
6	6
7	7	SENATE BILL 823
8	8	P4, F5 4lr1475
9	9	CF HB 493
10	10	By: Senators Kramer, Benson, Elfreth, Hettleman, Jackson, Kelly, Lam, Muse,
11	11	Rosapepe, Waldstreicher, A. Washington, M. Washington, and Watson
12	12	Introduced and read first time: February 2, 2024
13	13	Assigned to: Finance
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	State Personnel – Collective Bargaining – Faculty, Part–Time Faculty, Post 2
20	20	Doctoral Associates, and Graduate Assistants 3
21	21
22	22	FOR the purpose of providing collective bargaining rights to certain faculty, part–time 4
23	23	faculty, post doctoral associates, and graduate assistants at certain State 5
24	24	institutions of higher education; establishing separate collective bargaining units for 6
25	25	the faculty, part–time faculty, post doctoral associates, and graduate assistants; 7
26	26	altering the application of certain collective bargaining laws to supervisory, 8
27	27	managerial, and confidential employees of a State institution of higher education; 9
28	28	and generally relating to collective bargaining for faculty, part–time faculty, post 10
29	29	doctoral associates, and graduate students at public institutions of higher education. 11
30	30
31	31	BY repealing and reenacting, without amendments, 12
32	32	Article – State Government 13
33	33	Section 22–101(a) 14
34	34	Annotated Code of Maryland 15
35	35	(2021 Replacement Volume and 2023 Supplement) 16
36	36
37	37	BY repealing and reenacting, with amendments, 17
38	38	Article – State Government 18
39	39	Section 22–101(d) 19
40	40	Annotated Code of Maryland 20
41	41	(2021 Replacement Volume and 2023 Supplement) 21
42	42
43	43	BY repealing and reenacting, with amendments, 22
44	44	Article – State Personnel and Pensions 23
45	45	Section 3–101 and 3–102(b)(9) and (12) and (d)(2) 24
46	46	Annotated Code of Maryland 25
47	47	(2015 Replacement Volume and 2023 Supplement) 26
48	48	2 SENATE BILL 823
49	49
50	50
51	51	BY repealing and reenacting, without amendments, 1
52	52	Article – State Personnel and Pensions 2
53	53	Section 3–102(b)(10), (11), and (13) 3
54	54	Annotated Code of Maryland 4
55	55	(2015 Replacement Volume and 2023 Supplement) 5
56	56
57	57	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58	58	That the Laws of Maryland read as follows: 7
59	59
60	60	Article – State Government 8
61	61
62	62	22–101. 9
63	63
64	64	(a) In this title the following words have the meanings indicated. 10
65	65
66	66	(d) “Employee organization” means a labor organization in which public 11
67	67	employees OR, AS DEFINED IN § 3–101 OF THE STATE PERSONNEL AND PENSIONS 12
68	68	ARTICLE, FACULTY, PART–TIME FACULTY , POST DOCTORAL ASSOCI ATES, OR 13
69	69	GRADUATE ASSISTANTS participate and that has as one of its primary purposes 14
70	70	representing public employees. 15
71	71
72	72	Article – State Personnel and Pensions 16
73	73
74	74	3–101. 17
75	75
76	76	(a) In this title the following words have the meanings indicated. 18
77	77
78	78	(b) “Board” means the Public Employee Relations Board. 19
79	79
80	80	(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 20
81	81
82	82	(d) “Collective bargaining” means: 21
83	83
84	84	(1) good faith negotiations by authorized representatives of employees and 22
85	85	their employer with the intention of: 23
86	86
87	87	(i) 1. reaching an agreement about wages, hours, and other 24
88	88	terms and conditions of employment; and 25
89	89
90	90	2. incorporating the terms of the agreement in a written 26
91	91	memorandum of understanding or other written understanding; or 27
92	92
93	93	(ii) clarifying terms and conditions of employment; 28
94	94
95	95	(2) administration of terms and conditions of employment; or 29
96	96	SENATE BILL 823 3
97	97
98	98
99	99	(3) the voluntary adjustment of a dispute or disagreement between 1
100	100	authorized representatives of employees and their employer that arises under a 2
101	101	memorandum of understanding or other written understanding. 3
102	102
103	103	(e) “Employee organization” has the meaning stated in § 22–101 of the State 4
104	104	Government Article. 5
105	105
106	106	(f) “Exclusive representative” has the meaning stated in § 22–101 of the State 6
107	107	Government Article. 7
108	108
109	109	(G) (1) “FACULTY” MEANS EMPLOYEES OF A SYSTEM INSTITUTION , 8
110	110	MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND WHOSE 9
111	111	ASSIGNMENTS I NVOLVE ACADEMIC RESP ONSIBILITIES, INCLUDING TEACHERS , 10
112	112	SCIENTISTS, RESEARCHERS , ACADEMIC ADVISORS , DEPARTMENT HEADS , 11
113	113	DEPARTMENT CHAIRS , AND THOSE IN COMPARA BLE POSITIONS. 12
114	114
115	115	(2) “FACULTY” DOES NOT INCLUDE OFF ICERS, SUPERVISORY 13
116	116	EMPLOYEES, CONFIDENTIAL EMPLOY EES, PART–TIME FACULTY , POST DOCTORAL 14
117	117	ASSOCIATES, OR GRADUATE ASSISTAN TS. 15
118	118
119	119	[(g)] (H) (1) “Faculty at the Maryland School for the Deaf” means employees 16
120	120	who have been granted the following status by the Board of Trustees of the Maryland 17
121	121	School for the Deaf: 18
122	122
123	123	(i) after–school program counselors; 19
124	124
125	125	(ii) American Sign Language specialists; 20
126	126
127	127	(iii) athletic trainers; 21
128	128
129	129	(iv) behavior specialists; 22
130	130
131	131	(v) clerical aides; 23
132	132
133	133	(vi) dorm counselors; 24
134	134
135	135	(vii) employment specialists; 25
136	136
137	137	(viii) instructional technology resource specialists; 26
138	138
139	139	(ix) librarians; 27
140	140
141	141	(x) literacy and reading specialists; 28
142	142
143	143	(xi) occupational therapists; 29
144	144	4 SENATE BILL 823
145	145
146	146
147	147	(xii) orientation and mobility specialists; 1
148	148
149	149	(xiii) physical therapists; 2
150	150
151	151	(xiv) school counselors; 3
152	152
153	153	(xv) school IEP coordinators; 4
154	154
155	155	(xvi) school nurses; 5
156	156
157	157	(xvii) school social workers; 6
158	158
159	159	(xviii) speech–language pathologists; 7
160	160
161	161	(xix) student support specialists; 8
162	162
163	163	(xx) teachers; 9
164	164
165	165	(xxi) teacher aides; 10
166	166
167	167	(xxii) transition coordinators; and 11
168	168
169	169	(xxiii) work–to–learn specialists. 12
170	170
171	171	(2) “Faculty at the Maryland School for the Deaf” does not include officers 13
172	172	or supervisory employees at the Maryland School for the Deaf. 14
173	173
174	174	(I) “GRADUATE ASSISTANT ” MEANS A GRADUATE STU DENT AT A SYSTEM 15
175	175	INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 16
176	176	MARYLAND WHO IS A TEA CHING, ADMINISTRATIVE , OR RESEARCH ASSISTAN T, OR IN 17
177	177	A COMPARABLE POSITIO N, OR A FELLOW. 18
178	178
179	179	(J) “PART–TIME FACULTY” MEANS EMPLOYEES OF A SYSTEM INSTITUTION , 19
180	180	MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND WHOSE 20
181	181	ASSIGNMENTS INVOLVE ACADEMIC RESPONSIBIL ITIES, INCLUDING TEACHERS , 21
182	182	SCIENTISTS, RESEARCHERS , ACADEMIC ADVISORS , DEPARTMENT HEADS , AND 22
183	183	THOSE IN COMPARABLE POSITIONS WHO ARE DE SIGNATED WITH PART –TIME 23
184	184	FACULTY STATUS BY TH E PRESIDENT. 24
185	185
186	186	(K) “POST DOCTORAL ASSOCIA TE” MEANS AN EMPLOYEE –TRAINEE AT A 25
187	187	SYSTEM INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 26
188	188	MARYLAND WHO IS A DOC TORAL DEGREE HOLDER WHOSE ASSIGNMENTS AR E 27
189	189	PRIMARILY RESEARCH O R IN A COMPARABLE PO SITION. 28
190	190
191	191	[(h)] (L) “President” means: 29
192	192	SENATE BILL 823 5
193	193
194	194
195	195	(1) with regard to a constituent institution, as defined in § 12–101 of the 1
196	196	Education Article, the president of the constituent institution; 2
197	197
198	198	(2) with regard to a center or institute, as those terms are defined in § 3
199	199	12–101 of the Education Article, the president of the center or institute; 4
200	200
201	201	(3) with regard to the University System of Maryland Office, the 5
202	202	Chancellor of the University System of Maryland; and 6
203	203
204	204	(4) with regard to Morgan State University, St. Mary’s College of 7
205	205	Maryland, and Baltimore City Community College, the president of the institution. 8
206	206
207	207	[(i)] (M) “System institution” means: 9
208	208
209	209	(1) a constituent institution, as defined in § 12–101 of the Education 10
210	210	Article; 11
211	211
212	212	(2) a center or institute, as those terms are defined in § 12–101 of the 12
213	213	Education Article; and 13
214	214
215	215	(3) the University System of Maryland Office. 14
216	216
217	217	3–102. 15
218	218
219	219	(b) This title does not apply to: 16
220	220
221	221	(9) an employee of the University System of Maryland, Morgan State 17
222	222	University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 18
223	223
224	224	(i) a chief administrator or in a comparable position; 19
225	225
226	226	(ii) a deputy, associate, or assistant administrator or in a 20
227	227	comparable position; 21
228	228
229	229	(iii) [a member of the faculty, including a faculty librarian; 22
230	230
231	231	(iv) a] AN UNDERGRADUATE student employee[, including a 23
232	232	teaching assistant or a comparable position, fellow, or post doctoral intern]; 24
233	233
234	234	[(v)] (IV) a contingent, contractual, temporary, or emergency 25
235	235	employee, EXCEPT FOR PART –TIME FACULTY , A GRADUATE ASSISTA NT, OR A POST 26
236	236	DOCTORAL ASSOCIATE ; 27
237	237
238	238	[(vi)] (V) a contingent, contractual, or temporary employee whose 28
239	239	position is funded through a research or service grant or contract, or through clinical 29 6 SENATE BILL 823
240	240
241	241
242	242	revenues, EXCEPT FOR PART –TIME FACULTY , A GRADUATE ASSISTANT , OR A POST 1
243	243	DOCTORAL ASSOCIATE ; or 2
244	244
245	245	[(vii)] (VI) an employee whose regular place of employment is outside 3
246	246	the State of Maryland; 4
247	247
248	248	(10) an employee whose participation in a labor organization would be 5
249	249	contrary to the State’s ethics laws; 6
250	250
251	251	(11) any supervisory, managerial, or confidential employee of a unit of State 7
252	252	government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) of this section, as 8
253	253	defined in regulations adopted by the Secretary; 9
254	254
255	255	(12) any supervisory, managerial, or confidential employee of a State 10
256	256	institution of higher education listed in subsection (a)(1)(v) of this section[, as defined in 11
257	257	regulations adopted by the governing board of the institution]; or 12
258	258
259	259	(13) any employee described in subsection (a)(2) of this section who is a 13
260	260	supervisory, managerial, or confidential employee, as defined in regulations adopted by the 14
261	261	Secretary. 15
262	262
263	263	(d) (2) (i) Each system institution, Morgan State University, St. Mary’s 16
264	264	College of Maryland, and Baltimore City Community College shall have separate 17
265	265	bargaining units. 18
266	266
267	267	(ii) Appropriate bargaining units shall consist of: 19
268	268
269	269	1. all eligible nonexempt employees, as described in the 20
270	270	federal Fair Labor Standards Act, except eligible sworn police officers; 21
271	271
272	272	2. all eligible exempt employees, as described in the federal 22
273	273	Fair Labor Standards Act; [and] 23
274	274
275	275	3. all eligible sworn police officers; 24
276	276
277	277	4. FACULTY; 25
278	278
279	279	5. PART–TIME FACULTY; 26
280	280
281	281	6. GRADUATE ASSISTANTS ; AND 27
282	282
283	283	7. POST DOCTORAL ASSOCI ATES. 28
284	284
285	285	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
286	286	1, 2024. 30